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Justice IG: Independence undermined by disclosure limits

WASHINGTON—Justice Department Inspector General Michael Horowitz asserted Thursday that the office's central watchdog function has been undermined by a new Justice legal memorandum that, he said, effectively

The 58-page memorandum issued earlier this week by Justice's Office of Legal Counsel limits disclosure of secret grand jury information, the contents of wiretaps and consumer information to inspector general investigators. Although there is no specific evidence to suggest that such information sought by the inspector general has been ultimately denied, the memo effectively affirms long-standing restrictions that have delayed access to sensitive information, for months in some cases, Horowitiz has said previously.

"As a result of the OLC's opinion, the (inspector general) will now need to obtain Justice Department permission in order to get access to important information in the department's files,'' Horowitz said in a written statement, adding that the memo goes against the oversight authority granted by Congress to inspectors general across the government.

"Congress meant what it said when it authorized inspectors general to independently access all documents necessary to conduct effective oversight,'' Horowitz said. "Without such access, our office's ability to conduct its work will be significantly impaired.''

Horowitz has expressed concern about delays in obtaining information in past high-profile inquiries, including internal reviews of the government's handling of the Boston Marathon bombings, a botched gun trafficking operation known as 'Fast and Furious and in a review of sexual misconduct by Drug Enforcement Administration agents in Colombia.

Earlier this week, Horowitz said in a highly critical audit of the DEA's management of confidential informants that its work was "seriously delayed'' because the agency blocked access until the matter was taken to the DEA's top administrator.

"These kinds of issues are just unacceptable,'' Horowitz said in the DEA report.

Horowitz said Thursday that Attorney General Loretta Lynch and Deputy Attorney General Sally Yates have "expressed their commitment'' to assist the inspector general in seeking a legislative remedy.

"The department has long held the position that the inspector general should have access to all the information it needs to perform its essential oversight function,'' Justice spokeswoman Emily Pierce said. "Consistent with this view, department leadership has implemented procedures to ensure that the inspector general receives sensitive law enforcement information in a timely manner.''